The objective of a Collaborative Process is to reach a settlement from the outset. Both clients sign a Participation Agreement which reflects their commitment to negotiate and communicate respectfully as well as an intention to provide full disclosure. A Collaborative Process relies on both a hands-on client participation as well as skillful coaching provided by both collaborative lawyers.
Since the parties have signed an agreement to stay out of court, the process can flow within a safe-space, without the adversarial setting which can result from a court process. Essentially, there is a full and expansive discussion about what really matters to each party, particularly their common goals, such as the welfare of the children.
Collaborative Process is commonly regarded as a form of Alternative Dispute Resolution. However, since the Collaborative Practice has proven to be highly effective throughout North America, as well as Europe and Asia, it is fast becoming more mainstream in Canada and widely recommended as a smart resolution process. Some well-known celebrities who have relied on this process include Gywneth Paltrow, Madonna and Cameron Crowe.
The clients can expect to achieve a high degree of satisfaction in both the process and the outcome. The result is a settlement that is mutually satisfactory to both clients.
This article was written by: Senior Associate Lawyer, Jane Ja-Eun Huh
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